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WEIN, J. (ORALLY):
Regina v. ***.
There is no doubt that Mrs. *** brought into Canada, in her personal luggage and that of other family members, 24 boxes labelled as cake mix and similar food products - brownie mix, pancake mix. These were tested to contain almost 12 kilograms of high purity cocaine, 92 percent or 93 percent. At street level the value of the cocaine would have been between $938,000 and almost 1.3 million dollars.

The sole issue in this case is that of knowledge: has the crown proved, beyond a reasonable doubt, that Mrs. *** either knew that she was bringing in the cocaine, or was wilfully blind to that truth.

The surrounding facts are not in issue. Mrs. N*** is a Canadian resident who resides in Montreal. She was born in Peru, and after her refugee claim in Canada was granted, she has returned frequently to her home country. In 2005, 2006 and 2007 and up to the time of this offence in April 2008, she had made at least nine trips home to Lima and back to Montreal. Most of these, as shown by her passport, were of short duration, three, four or five days. She testified that she went either alone for purposes such as liposuction treatment or with one of her children. The trip on this occasion was for two weeks and she travelled with three of her four children, her nephew and her mother-in-law.

I accept that it is a frequent practice of persons returning to their native countries, such as Peru, to take back goods and products for friends and family and to return back to Canada with items from their home country, such as foodstuffs, which may be difficult to purchase in Canada. Mrs. *** testified that she had done this on many occasions and that in fact she generally returned with foodstuffs and declared these on her E311 Immigration card. She knew that in declaring such items she would very likely be searched. She was aware that fresh produce, such as fruits and vegetables, would sometimes be confiscated. Nonetheless, on this occasion she returned with products including red and yellow peppers, chillies and a type of potato not found in Canada, and other fruits and vegetables native to Peru. She expected that she would be searched.

Knowledge: Actual Knowledge and Wilful Blindness
The law is not in issue in this case. Where knowledge is a component of the mens rea, knowledge may be proved by wilful blindness, which can substitute for actual knowledge. The doctrine of wilful blindness imputes knowledge to an accused who has suspicions such that he or she sees the need for further inquiries but deliberately chooses not to make those inquiries.
The Supreme Court of Canada has recently reviewed and reaffirmed the test in R. v. Briscoe, [2010] SCC 13. As stated in that case, the Supreme Court of Canada had earlier in R. v. Jorgensen, [1995] 4 S.C.R. 55, indicated:

“A finding of wilful blindness
involves an affirmative answer
to the question: did the accused
shut his eyes because he knew or
strongly suspected that looking
would fix him with knowledge?” (at paragraph 103).

In all of the cases and commentary in support, as pointed out in Briscoe, it is important to emphasize that wilful blindness is distinct from recklessness. It has limited scope. It is equivalent to actual knowledge in the sense that it can almost be said that the accused actually knew, but in effect intended to cheat the administration of justice by deliberately refraining from obtaining confirmation of what he or she suspected because he or she wanted to be able to deny knowledge. Some have called it, “deliberate ignorance”. Failure to inquire may be evidence of recklessness or criminal negligence, but failure to inquire that is a marked departure from the conduct expected of a reasonable person, such that it amounts to deliberately failing to inquire and deliberately remaining ignorant amounts to wilful blindness.
Even where a person makes some inquiries as to the content of items he is asked to bring in a suitcase or other vehicle, it is nonetheless open to a trier of fact to find that he or she still harboured suspicions, such that the concept of wilful blindness fixed him or her with knowledge: R. v. Rashidi-Alavige, [2007] ONCA 712. In this case both actual knowledge and wilful blindness must be assessed as potential bases of liability.

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Western Heritage is an environmental services and heritage management firm based in Saskatoon Saskatchewan Canada that was established in 1990. Our primary focus is heritage management but we have diversified into environmental applications of geomatics and near surface geophysics. Previously consisting of several organizations, we consolidated in 2011 under the name Western Heritage.

Since 1990, we've successfully completed more than 1500 studies, both in Canada and internationally. These have included archaeological excavations and mitigations, land claims and traditional land use studies, predictive modeling, geophysical studies, public education and interpretation.

Western Heritage currently has 9 offices across Western Canada and is one of the longest operating archeological firms within Canada. Western Heritage’s senior management team has experience working with international organizations, both within Canada and globally.

Western Heritage’s quality and safety programs exceed federally regulated standards within Canada. Western Heritage is currently in the process of becoming ISO 9001 certified.

Our primary objective is to work with resource companies and other land developers in order to help them both achieve regulatory compliance and to carry out their work in a sustainable manner. In Mexico we are interested in finding a local partner to pursue a joint venture or strategic alliance to provide our geomatics services in collaboration with.

…….

Western Heritage seeks to develop international partnerships that will allow us to use our experience, knowledge, and technical expertise to benefit all groups involved, including the people and communities we work within.

Geomatics Services
Western Heritage’s Geomatics Services and Sales department specializes in the detailed mapping of landscapes and land cover, as well as applying and interpreting change across these landscapes. These detailed maps can be tailored to individual project needs and include any relevant information and data, from digital terrain models to mapping infrastructure. This is done through building models to extract the client specified information to the client specified accuracy standards. Western Heritage is proud to be a certified GeoEye partner.
Western Heritage Grasslands Productivity Service
Western Heritage’s Grasslands Productivity Service is able to measure and forecast the productivity of grasslands by using both historical data and an underlying growth model. The service is delivered through a web-based mapping service, and is accessible from any computer. The service contains current and historical data on productivity. The service can run scenarios based on different variables to deliver custom, accurate, and relevant output and results.
Independently Validated
The Chinese Meteorological Administration in partnership with the Chinese Ministry of Science and Technology and the University of Saskatchewan in Canada have independently validated the grassland productivity service. Independent validation ensures all data and results are accurate.
Applications
This data can be applied in many ways to suit the individual needs of the client including:

• Government agricultural departments use the data to predict which areas will be most productive.
• Insurance agencies use the data to determine premiums and risk for crop insurance.
• Universities use the data for research purposes or to supplement educational materials.
• Government conservation agencies use the data to determine at-risk areas and plan conservation programs.

Other geomatics Services

Land Cover Assessment – Accurate land-cover maps for both urban and general environmental applications and at any required size. In addition to defining land-cover types, this service can provide accurate change analysis using multi-date imagery tailored to the needs of the client.

Construction and Engineering Planning –Providing satellite imagery to assist in preliminary planning of development, as well as monitoring and verification of proposed versus actual project development. Help provide information for organizational management and logistical planning of projects.

Custom GIS Solutions – In addition to ArcGIS, we work with a wide range of GIS applications and data formats to create maps, diagrams and databases. Our scientists have extensive experience developing custom geospatial models. As well as hard copies, we can provide interactive, web based models.

Our geomatics services can be used alone to provide answers and data for specific problems, or delivered as part of a collaborative solution with other service providers.

With extensive experience in developing and analyzing images, our team of remote sensing scientists makes Western Heritage one of the most experienced providers of geomatics services, ensuring that clients receive the most relevant and actionable information available. Western Heritage has provided geomatics services to clients around the world, from local, regional and national clients to governments and international agencies.

Other Services from Western Heritage:

Archaeology and Cultural Resource Management
Cultural Resource Management (CRM) is about managing potential conflict between development and the preservation of sites with historic, archaeological or cultural significance.
Western Heritage has helped numerous clients balance their development activities with appropriate CRM responses. Our senior researchers have experience working in a wide range of project scenarios for a diverse client base. With specialists in both the historical and archaeological fields, we have the scientific depth and professional expertise to address many issues for our clients.

Community Engagement
Western Heritage has used the Cultural Landscapes Approach to help numerous communities understand and manage their heritage: a specific building or feature, an entire neighborhood, or an entire region of significant heritage.
Our services include disseminating historic records, non-invasive geophysical studies, and archaeological excavations.
We can work with community groups to develop long-term displays. We can also facilitate ongoing archaeological excavations in partnership with local schools, indigenous groups, community centers, archaeology chapters or universities.

Near Surface Geophysics
Near surface geophysics services are used when performing an excavation is not feasible or does not provide sufficient information. These services include ground-penetrating radar, magnetometry, and magnetic susceptibility. Near surface geophysics services have the ability to:
• Identify potential for buried features without disturbing the ground.
• Identify potential for buried archaeological features under hard to reach surface such as cement or frozen ground.
• Locate sensitive features such as gravesites without intrusive excavation.
• Identify culturally significant sites where little physical evidence exists

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